SPRINGFIELD – A new law sponsored by State Senator Mike Halpin and supported by Illinois Attorney General Kwame Raoul will help stop parents who do not have primary custody of their child from skipping on child support payments.
"We wanted to make sure that parents who refuse to pay their child support can be tracked and held accountable," said Halpin (D-Rock Island). "This new law will assure that children receive the support they need and deserve."
Halpin’s law includes independent contractors in the definition of "employee" so that anyone who reports income on 1099 forms as an independent contractor will be reported to the National Directory of New Hires registry. The registry was established in 1996 to help track parents who are delinquent on child support payments across state lines.
Previously, parents were able to avoid the state database by not self-reporting income because they did not receive a W-2. Under Halpin’s measure, the parent’s 1099 will be reported to the database so the state will know approximately how much income was earned and can enter a court order to pay.
The legislation makes this change to recognize the need to prevent parents who do not have custody of the child and who are avoiding their child support payments from skirting reporting requirements by filing a 1099 instead of a W-2.
“As our workforce evolves, and individuals work as independent contractors, so too must the tools used to collect child support for Illinois families,” Attorney General Kwame Raoul said. “I am proud that Illinois is leading the way among states in effective child support collections. But most importantly, this law empowers my office to ensure that children receive the support they deserve.”
House Bill 3301 was signed into law on Friday and takes effect Jan. 1, 2024.